Will made in Thailand

[golf1here]

Can anyone tell me if a will made up in Thailand by a Thai attorney is valid in the US? Thanks.

[ezzra]

It should be if it's done according to the Thai laws writing and laid correctly, witnessed, and chops and signed accordingly you shouldn't have any problems, but to be a 100% sure as a US lawyer who specialise in wills and probates...

[soisanuk]

Probably best to have two wills, one for US assets and the other for Thailand assets.  Unfortunately for US citizens, the validity of the will depends on the laws of the State(s) where you have your US assets.   Although you can have a USA lawyer draft your will, there are several online sites that offer  "pro forma" wills and a little research for the State where your assets are located to be sure the "pro forma" will meets their requirements.

 

I did the above when I made my Will in the USA. In doing so, I found it met my State's requirements, but in doing my research I found for example in my State if I wanted to exclude my child, for example  as a beneficiary I would have specifically state that in the will rather than just not mentioning them (something I didn't need as I don't have any children).

[TigerandDog]

Thai wills ONLY apply to your Thai assets. If you have assets in your home country, then you will require a separate will applicable to that jurisdiction.

[skorts]

Your Will in Thailand should revoke all previous Wills and Testementary Dispositions.

 

It should declare you have another Will for all of your properties in the US (this does not just mean houses, condominiums but everything you own in the US), which you declare will remain in force and will not be revoked by this Thai Will. 
 

Similar wording needs to be included in your US Will declaring you have a Will for all of your properties in Thailand which you declare will remain in force and will not be revoked by this US Will. 

 

 

[soisanuk]

16 hours ago, TigerandDog said:

Thai wills ONLY apply to your Thai assets. If you have assets in your home country, then you will require a separate will applicable to that jurisdiction.

A separate will is not required and could be valid in your home country or in case of the USA, your State(s) where the assets are located. But it would be a good idea to have it in either your home country language, e.g., English or as I have my Thai will, in both.  A will solely in English whether drawn up in Thailand or another country is valid in Thailand, but if not in Thai, it will require a Thai translation for the Thai courts.  

https://anthonygold.co.uk/latest/blog/i-have-a-foreign-will-is-it-valid-in-england/
 

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In accordance with provisions of the Wills Act 1963, for all deaths occurring after 1 Jan 1964, a foreign Will may be considered valid in England and Wales if it was prepared in accordance with the requirements of the national law of the country in which it was executed or if it was prepared in accordance with the national law requirements of the country of which the testator, either at the time of execution of the Will or at the time of his death, was a national, had a habitual residence or domicile of.

https://www.thinkadvisor.com/2015/10/29/when-foreign-wills-become-a-problem/

Information re Florida's law:

 

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Florida law generally allows foreign wills to be treated as valid even if they do not follow all of Florida’s niceties and legalities. (Florida law requires not just the testator to sign a will but two witnesses as well.)

However, the above sites and others on the subject usually recommend a separate will be drafted for the country where your assets are located. 

 

It is common language used by lawyers and "pro forma" wills to state that the will revokes all previous wills.  That clause should not be used as it will void any previous will made in another country. I had to instruct my Thai lawyer to remove that clause which was in the first draft of my Thai will.

 

However, as mentioned, it is probably even better that each will have language to declare the existence of another will and that the other will remain in force and will not be revoked by the will being written.

Edited May 28, 2022 by soisanuk

[Delight]

The most important feature of a will (assuming that all the necessary details are present) is the choice of the administrator or equivalent.

This person has only one client (i.e. the deceased) 

The determination of this person to ensure that the wishes of the client are satisfied -cannot be overstated.

Essential that a will exists for each country where the deceased had assets.

 

Also several original wills can be created. They must be identical. Historically wills have been mislaid/lost. Copies have no legal value.

A living will is a must.

[JimGant]

On 5/27/2022 at 6:42 AM, golf1here said:

Can anyone tell me if a will made up in Thailand by a Thai attorney is valid in the US?

Yes. Just make sure the Will mentions it covers both Thai and US assets (or at least "worldwide" assets, i.e., don't restrict it to Thailand). Made by a Thai attorney, its format will certainly by acceptable in the US (e.g., two wittnesses, not beneficiaries). But having it drawn up by a Thai law firm doesn't make it notarized by US standards. Thus, you'll need to get an affidavit from the US Embassy/Consulate; these are freeform, so just summarize your Will on the affidavit, which will then be signed by the consulate officer. Good as the Will being notarized.

 

Do you really need a Will for your US assets? If all your assets include insurance policies, 401ks and IRAs -- all of which have designated beneficiaries; and financial assets, jointly owned or with designated Pay on Death clauses -- probate is avoided. Even a physical asset, like a house, can avoid probate, if held in a living trust. Anyway, if it's easy enough to write your Thai Will to include your US assets, why not -- .